Small Claims action

[Raider]

I was asked this question by someone so I'm posting it here for him,

If there was a PPC company located in lets say New York, that ripped off a customer in California, can that customer file a small claims action at his local court OR does he have to file in NY? Since this is internet, I'm not sure where the correct venue would be.

Thanks!

[tiptop]

Did the client agreed to work with the other company?

[domnet]

First read the Terms of Service agreement...

[ohkus]

You can file anywhere you want, whether or not that court ends up having jurisdiction is another thing. Best thing to do as always is contact a lawyer.

[JuniperPark]

Originally Posted by RossH

You can file anywhere you want, whether or not that court ends up having jurisdiction is another thing. Best thing to do as always is contact a lawyer.

The worst thing you can do is contact a lawyer. This is obviously a problem under $5,000 because she mentioned small claims court, and you'll waste that much on a lawyer. So you've lost before you began.

Lawyer are NOT allowed in small claims court, anyway.

[Acro]

The real problem is enforcing whatever decision a small claims court makes.

[Raider]

Originally Posted by tiptop

Did the client agreed to work with the other company?

Its like you or I signing up with any PPC provider located in the US.

I sent a PM to an Attorney here, if I hear back I'll let you know.

[ohkus]

Originally Posted by JuniperPark

The worst thing you can do is contact a lawyer. This is obviously a problem under $5,000 because she mentioned small claims court, and you'll waste that much on a lawyer. So you've lost before you began.

Lawyer are NOT allowed in small claims court, anyway.

Okay.....you need to drink less coffee. By saying contact a lawyer I was telling this member to contact a lawyer about this specific question, not about the entire case....

[JuniperPark]

Originally Posted by RossH

Okay.....you need to drink less coffee. By saying contact a lawyer I was telling this member to contact a lawyer about this specific question, not about the entire case....

I'm betting you haven't hired meany attorneys. I have.

Consultations (which include research, documentation, photocopying, faxing, contacting other attorneys) generally runs about $5,000. They always quote less up front.

If you want to go to a trial, minimum entry on a short trial starts about $100,000.

[Raider]

I can contact the clerk at the local court and just ask, I was just trying to save a trip....Thought some of you might know. And "yes" it is small claims.

Thanks guys!

[jberryhill]

Lawyer are NOT allowed in small claims court, anyway.

I've never heard that. Small claims courts are all different, but I'd be surprised if any disallowed attorneys. The jurisdictional limits and procedural rules are all a matter of state law. In Delaware, attorneys certainly are allowed.

If your friend was "ripped off by a PPC company", the most important point is left out of your description. Did your friend have a contract (user agreement, etc.) with the company? If so, then it is most likely that contract controls the court in which any dispute under it may be brought.

[JuniperPark]

Originally Posted by jberryhill

I've never heard that. Small claims courts are all different, but I'd be surprised if any disallowed attorneys. The jurisdictional limits and procedural rules are all a matter of state law. In Delaware, attorneys certainly are allowed.

More specificly you can't be 'represented' by an attorney, at least in Calfornia (where I am) (and New York according to Judge Judy! .

I've noticed that when lawyers appear on Judge Judy as one of the parties, they usually talk too much and lose their case. Hehe!

[Raider]

Originally Posted by jberryhill

I've never heard that. Small claims courts are all different, but I'd be surprised if any disallowed attorneys. The jurisdictional limits and procedural rules are all a matter of state law. In Delaware, attorneys certainly are allowed.

If your friend was "ripped off by a PPC company", the most important point is left out of your description. Did your friend have a contract (user agreement, etc.) with the company? If so, then it is most likely that contract controls the court in which any dispute under it may be brought.

Hi John,

Yes, there is user agreement. I'll email u....Thanks!.

Eva

[Steen]

Originally Posted by JuniperPark

More specificly you can't be 'represented' by an attorney, at least in Calfornia (where I am) (and New York according to Judge Judy! .

I've noticed that when lawyers appear on Judge Judy as one of the parties, they usually talk too much and lose their case. Hehe!

Now I would not have thought Judge Judy would be mentioned in the legal section of DNF. You do know Judge Judy filmed in a studio which is supposed to be similar to US law and other international laws. I am not sure it is an appropriate source of legal knowledge and likely a poor source of knowledge regarding jurisdictions.

[Acro]

I prefer "Juggs Judy", the xrated version

[DrDomains]

I've been represented in NY small claims court by counsel on two seperate occasions, so indeed Judge Judy is as dumb as she seems.

[Raider]

Originally Posted by DrDomains

I've been represented in NY small claims court by counsel on two seperate occasions, so indeed Judge Judy is as dumb as she seems.

[jberryhill]

I've noticed that when lawyers appear on Judge Judy as one of the parties, they usually talk too much and lose their case.

I watched her show exactly one time in my life. True story, I was staying in a hotel room the night before the bar exam and that show came on.

It was a dispute over car ownership and she was absolutely wrong on the law of the case.

The only small claims rules I'm familiar with are those of the State of Delaware. If you intend to be represented by an attorney, you have to provide notice to the other side prior to the hearing.

[GAMEFINEST]

i have learned something new today

[Dave Zan]

Ever since I got bored watching Judge Maria Lopez, I don't bother with any of
those shows. Nothing beats real life, after all.

John gave a clue, RaiderGirl. Here's one example to give you an idea:

http://www.godaddy.com/gdshop/legal_...ageid=REG%5FSA

This agreement shall be deemed entered into in the state of Arizona. Except for all disputes concerning the use of a domain name registered with Go Daddy, the laws and judicial decisions of Maricopa county, Arizona, shall be used to determine the validity, construction, interpretation and legal effect of this agreement. For the adjudication of disputes concerning or arising from the use of a domain name registered with Go Daddy, You shall submit, without prejudice to other potential applicable jurisdictions, to the jurisdiction of the courts (1) of Your domicile and (2) where Go Daddy is located. You agree that any action relating to or arising out of this agreement, shall be brought in the courts of Maricopa county, Arizona.

You agree to waive the right to trial by jury in any proceeding that takes pace relating to or arising out of this agreement.

This isn't related to the provider in question. But don't be surprised if they've
got similar terms like the one above, which your friend agreed to if s/he signed
up with them to begin with.

Then again, is your friend asking a hypothetical question?